Res 2006-197 - Laserfiche WebLink

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I I I Section 4.02. Ifthe City Manager determines that Grande is in default ofthis Agreement on a basis other than the failure to retainjobs or to pay ad valorem taxes on the Property or the Building, the City Manager will notify Grande in writing, and if the default is not cured within 30 days from the date of the notice, then the City Manager may terminate this Agreement. If the City Manager determines that Grande is in default ofthis Agreement on the basis of failure to retain jobs or to pay ad valorem taxes on the Property or the Building, the City Manager may terminate this Agreement without allowing Grande to cure the default. Section 4.03. The City may exercise its remedies for default in conjunction with one another or separately, and together with any other statutory or common law remedies available to the City. Any failure by the City to enforce this Agreement with respect to one or more defaults by Grande will not waive the City's ability to enforce the Agreement after that time. PART 5. INDEPENDENT CONTRACTORlINDEMNITY Section 5.01. It is understood and agreed between the parties that the City and Grande, in executing this Agreement, and in performing their respective obligations, are acting independently, and not in any form of partnership or joint venture. The City assumes no responsibilities or liabilities to any third parties in connection with this Agreement, and Grande agrees to indemnify, defend and hold the City harmless from any such liabilities. PART 6. MISCELLANEOUS Section 6.01. All notices called for or required by this Agreement will be delivered to the following by certified mail or confirmed facsimile transmission: Kay Stroman Grande Communications 401 Carlson Circle San Marcos, TX 7866~ <:: err.. Email: kav.stroman@grandecom.com Phone: (512) rt2=522 1 ~-/-~ ~ City Manager City of San Marcos 630 East Hopkins San Marcos, Texas 78666 Fax: 396-4656 Page 3 of 4